Photographer Louis Psihoyos sued publisher John Wiley & Sons, Inc. ( Wiley ) for copyright infringement based on Wiley s publication of textbooks containing Psihoyos s photographs. The United States District Court for the Southern District of New York (Rakoff, J.) determined that the app...
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Jeffrey J. Reichert appeals his criminal conviction and sentence under the Digital Millennium Copyright Act (the DMCA ) asserting three grounds: (1) that the jury received an inaccurate deliberate ignorance instruction that had the effect of negating the requirement that Reichert s cond...
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Petitioner Lexmark sells the only style of toner cartridges that work with the company s laser printers, but remanufacturers acquire and refurbish used Lexmark cartridges to sell in competition with Lexmark s own new and refurbished ones. Lexmark s Prebate program gives customers a...
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We address whether copyright registration of a collective work registered the component works within it. Facts This case was dismissed for failure to state a claim, so we assume for purposes of analysis that the facts were as pleaded in the complaint. Alaska Stock, a stock photography ag...
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Over a century ago, Mark Twain lamented that "[o]nly one thing is impossible for God: to find any sense in any copyright law on the planet." Mark Twain, The Complete Works of Mark Twain: Mark Twain's Notebook 381 (Albert Bigelow Paine ed., 1935). We fear that Twain's deity would fare little better w...
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This case concerns Appellant Peter Brownstein s claim under the Copyright Act seeking a declaratory judgment of joint authorship of an ethnic identification system that he created with Appellee Tina Lindsay, the Lindsay Cultural Identification Determinate ( LCID ). Lindsay purports to have con...
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Appeal and cross-appeal from a judgment of the United States District Court for the Southern District of New York (Hellerstein, J.), granting summary judgment to the defendant as to the plaintiff s claim of copyright infringement on the ground that the defendant had engaged in fair use. The plaint...
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At issue in this appeal is whether the author of a musical composition who assigned his rights in exchange for royalties may rely for purposes of standing to sue for infringement under the Copyright Act on a registration his publisher filed. Ronald Louis Smith, Jr., as representative for the estate ...
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We must decide whether the shape of a hookah water container is entitled to copyright protection. I Inhale, Inc. claims copyright protection in the shape of a hookah water container that it first published on August 29, 2008 and registered with the United States Copyright Office on April 21,...
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Andrew Diversey sued several administrators and members of the Board of Regents of the University of New Mexico (UNM) for infringing his copyright to an unpublished dissertation. The district court dismissed Diversey s complaint as untimely under Fed. R. Civ. P. 12(b)(6). Our review requires us to...
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